Brian Peckford should be proud of helping to write the Canadian Charter of Rights and Freedoms. The Charter provides a well-crafted legal framework for protecting the fundamental rights of all Canadians. Unfortunately, the Charter has a glaring Achille’s heel: a law without timely enforcement is useless in the real world.
We see this clearly in the legal challenge being made to Canada’s requirement that all air and rail travelers must be vaccinated. The court challenge was first filed back on February 1st - probably after a long wait for a court date. Look at the snail’s pace the courts have set for that challenge to proceed:
The travel ban was imposed last October. We’ll be lucky to see it overturned by next October! Whether that long delay speaks to how backlogged and dysfunctional the entire court system is, or whether the government is trying to use the courts to actively delay having to justify its travel mandate isn’t clear. What is clear is that justice delayed is justice denied.
It is astounding that a court challenge is even required. Most of the rest of the world dropped vaccine requirements for air travelers months ago.
It has been obvious since December 2021 that fully-vaccinated Canadians were becoming infected with Omicron at as high or higher a rate than unvaccinated Canadians. At that point, any epidemiological justification to require air travellers to be vaccinated disappeared.
The law only requires two doses of vaccine, although, at this point whatever modest protection two doses created against serious illness or death has long since disappeared.
Canada still doesn’t recognize natural immunity, even though there’s solid scientific evidence that the natural immunity that comes from having recovered from Omicron offers a protection against re-infection orders of magnitude greater than vaccination does - even with one or more boosters. Most of Europe now recognizes natural immunity - why doesn’t Canada?
Clearly the Trudeau government is being driven by ideology rather than science. That, and Mister Trudeau is probably too busy virtue signalling about Ukraine to notice that the travel ban no longer makes any sense.
PS: Brian Peckford commented on my post on another site. He makes some very good comments, most particularly that Governments in Canada are legally required to craft all legislation in Canada within the framework laid out in the Charter. Recourse to the judiciary is only necessary when Governments in Canada fail to act in accordance with the provisions of the Charter. The real problem here is that the courts have failed to expedite this case as much as possible to rein in an illegal government overreach which is affecting hundreds of thousands of Canadians. Here’s what Brian had to say:
Brian Peckford May 9, 2022 at 9:02 pm
1. Many do not understand the difference between a regular Federal or Provincial law and Constitutional Law where principles dominate and the role of the judiciary is paramount in determining violation and possible penalty. Constitutional law by definition is more complex.
2. The author talks about October 2021 when the travel ban came into force and counts from that date. My case was not filed until the last of January 2022 .
3. The author mixes medical science and constitutional law—while I agree that medical science was clear , Governments have been the obstacle to that being fact .
4. The Courts of Appeal and the SCOC are yet to hear a Constitutional Case on the Pandemic ——-
5. Time may be our friend and not our enemy because more sound science is seeping into the public square notwithstanding Governments and media attempts to suppress it.
6. Lower Courts have acted in a manner that omitted certain Charter provisions altogether so no wording would suffice in this blatant disregard for what was written.
7. In a democracy one must exhaust the levers of Parliament, the Executive and the Judiciary —the Parliament and the Executive have failed —society must now exhaust the process of the judiciary——that’s what my lawsuit is attempting to do —-if this fails , then we will know conclusively that massive reform is needed.
Hon A. Brian Peckford P.C.
It appears to be punitive at this point, nothing to do with health as airplanes apparently have the best protective ventilation systems. Maybe they are getting everyone used to rewards and punishments. He keeps saying it’s because the unvaxxed were not there for their fellow Canadians like the 90%. But now if 40 to 50 percent got boosted, would it be that only 50 to 60% are not fully vaxxed? This must be very disappointing to our dear PM
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